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17 Abb. Pr. 194

Beebe v. Marvin

The Superior Court of New York City

Decided December 15, 1863

The Superior Court of New York City · decided 1863-12-15

This action was brought by George M. Beebe against Walter K. Marvin on a judgment recovered in Kansas for $364.

Good law ✅— No negative treatment on recordhow we know

Decided 1863-12-15

How this case has been cited

Cited by 3 later decisions — most recently May 1910

2 state decisions

10186318701880189019001910decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By the Court.*—Robertson, J.

¶1The defendant appeared in the action in which the judgment sued on was recovered. He procured delay three times, in pleading in this action for order to have time to obtain a copy of the judgment. A certified copy of the judgment is produced, and his only answer is ignorance of all matters charged in the complaint. It is not enough in such case, where the presumption is of knowledge (1 Voor. Code, 7 ed., 203, cases cited; Richardson a. Wilton, 4 Sandf, 708), simply to rest on ignorance. Every presumption is in favor of the jurisdiction of the court of Kansas (Harrod a. Barretto, 1 Hall, 155); and there was ho error in the order striking out the answer for that reason. The plaintiff was not barred from making the motion by having noticed the issues for trial. He was entitled to the earliest disposition of a sham defence he could get. Kellogg a. Baker (15 Abbotts' Pr., 286), is not against this view.

¶2The order appealed from must be affirmed, with costs.

¶3 Present, Bobeetson, White, and Baeboce, JJ.

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